Section 31, Township 6 South, Range 19 East, Choctaw County, Oklahoma, containing acres, more or less, and

Transcription

1 CB T APPRVE A SUPPLEMETAL EASEMET AD RGHT F AY TH PUBLC SERVCE CMPAY F KLAHMA CHCTA TRBAL FEE LAD (HUGHES RACH) CHCTA CUTY, KLAHMA THE TRBAL CUCL F THE CHCTA AT ATHY DARD TRDUCED THE FG B A CUCL B T APPRVE a Suppleental Easeent and Right of ay with Public Sevice Copany of klahoa( PS), in Choctaw County, klahoa. HEREAS, in accodance with Aticle V, Section 1 of the Constitution of the Choctaw ation of klahoa, the Chief shall pefo all duties petaining to the ffice of the Chief Executive. He shall sign official papes on behalf of the ation, and HEREAS, PS has on ecod an easeent ecoded 12/ 3/ 1974 and anothe on 11/ 15/ 1974, which wee in place pio to the Choctaw ation puchasing this popety on 9/ 12/ PS is poposing to suppleent the easeent by the addition of the attached desciption on Exhibit A ( Easeent Aea) and also additional language as stated in the attached poposed Suppleental Easeent, located in Section 31, Township 6 South, Range 19 East, Choctaw County, klahoa, containing aces, oe o less, and HEREAS, PS has offeed consideation in the aount of$ 1,.. The poposed Suppleental Easeent and Right of ay will be in effect fo a pepetual te as was the oiginal easeents. THEREFRE BE T EACTED by the Tibal Council of the Choctaw ation of klahoa that this Bill be cited as appoval of the poposed Suppleental Easeent and Right of ay in favo of PS on Choctaw Tibal Fee land Hughes Ranch) located in Choctaw County, klahoa. CERTFCAT, the undesigned, as Speake of the Tibal Council of the Choctaw ation of klahoa, do heeby cetify that the Tibal Council is coposed of twelve ( 12) seats. Eight ( 8) ebes ust be pesent to constitute a quou. futhe cetify that twelve ( 12) ebes answeed oll call and that a quou was pesent at the Regula Session of the Tibal Council at Tuskahoa, klahoa, on August futhe cetify that the foegoing Council Bill CB was adopted at such eeting by the affiative vote of ebes, zeo ( ) negative votes, and zeo ) abstaining. twelve ( 12 ) 77& Anthony Dillad' ecetay Choctaw atio Tibal Council G oas illiston, Speake Choctaw ation Tibal Council Date: Gay Ba n, Chief Choctaw ation of klahoa

2 Line ae: Hugo Tap Line o.: TL114: 516B Easeent o.: 53 SUPPLEMETAL EASEMET AD RGHT-F-AY Choctaw ation of klahoa ( Hughes Ranch) (" Ganto") owns an inteest in a tact of eal popety that is oe paticulaly descibed in that one cetain docuent aanty Deed Book v25 Page 754 ecoded 9/ 12/ 1994 of the eal popety ecods of Choctaw County, klahoa and such tact is subject to easeents and ights- of-way in favo of Public Sevice Copany of klahoa, including but not liited to the following: Easeent and Right of ay ecoded in Right of ay Easeent Book v86 Page 24 ecoded 12/ 3/ 1974; Right of ay Easeent Book v84 Page 363 ecoded 11/ 15/ 1974; Right of ay Easeent Book v84 Page 364 ecoded 11/ 15/ 1974 of the eal popety ecods of Choctaw County, klahoa( the" Easeent"). Public Sevice Copany of klahoa, a( n) klahoa copoation, whose pincipal legal addess is 1 Riveside Plaza, Colubus, H 43215(" AEP"), is the cuent owne and holde of the ights, title and inteest, o a potion theeof, ganted in o aising unde the Easeent. Fo and in consideation of the su of TE DARS ($ 1. ) and othe good and valuable consideation, the eceipt and sufficiency of which ae heeby acknowledged, Ganto heeby suppleents the Easeent by the addition of the following desciption to locate, fix, and define the easeent aea. The location, width, and boundaies of the easeent aea ae heeby evised, odified, and claified to be as descibed and depicted on Exhibit A which is attached heeto and ade a pat heeof(' Baseent Aea"). The Easeent is also suppleented by the addition of the following language: AEP, its successos and assigns, ae ganted the ight to alte, constuct, eect, ipove, inspect, aintain, opeate, patol, potect, econstuct, odify, add to, eove, epai, eplace, upgade and/ o enlage electic tansission and distibution facilities on, ove, along, acoss, unde and within the Easeent Aea. 1

3 The electic tansission and distibution facilities ay consist of a vaiable nube of towes o poles ade of wood, etal, concete, o othe ateials, cossas, wies, guys, anchos, gounding systes, counication lines and associated fixtues. Such facilities ay be used to tansit electicity of any voltage o apeage; togethe with the ight to add to said facilities fo tie to tie, and the ight to do anything necessay, useful, o convenient fo the enjoyent of the Easeent. AEP, its successos and assigns, ae ganted the ight of unobstucted ingess and egess, at any and all ties, on, ove, unde, acoss and upon the Easeent Aea, and acoss the adjoining lands of Ganto as necessay to access the Easeent Aea o stuctue locations fo the above- efeenced puposes. AEP, its successos and assigns, shall have the ight to cut down, ti, eove, and othewise contol, using hebicides o tee gowth egulatos, any tees, ovehanging banches, vegetation, o bush within the Easeent Aea o situated on lands of Ganto that adjoin the Easeent Aea, when in the opinion of AEP the vegetation ay endange the safety, o intefee with the constuction, opeation o aintenance, of AEP's facilities o ingess o egess to, fo o along the Easeent Aea. n no event shall Ganto, its successos, assigns, agents, licensees, o legal epesentatives, plant o cultivate any tees; no place, constuct, install, eect o peit any tepoay o peanent building, stuctue, ipoveent o obstuction, including but not liited to, stoage tanks, billboads, signs, sheds, dupstes, light poles, wate ipoundents, swiing pools o wells, o peit any alteation of the gound elevation, ove o within the Easeent Aea. AEP ay, at Ganto' s cost, eove any stuctue o obstuction if placed within the Easeent Aea, and ay level any alteations of the gound elevation within the Easeent Aea. Except as odified by this Suppleental Easeent and Right of ay, all tes and povisions of the Easeent and all ights aising in connection with the Easeent shall eain in full foce and effect. Those povisions and ights ae expessly atified, eaffied by and incopoated within this Suppleental Easeent and Right of ay. The Easeent, along with this Suppleental Easeent and Right of ay, shall fo all puposes function as a single instuent. To the extent any tes o povisions of this Suppleental Easeent and Right of ay conflict, o ae inconsistent, with any te o povision of the Easeent, the tes and povisions of this Suppleental Easeent and Right of ay shall contol. othing heein shall in any anne vay, change, odify, o estict the ights and pivileges that AEP ay have acquied though any instuent othe than the Easeent o by any othe eans. This Suppleental Easeent and Right- of-ay shall be binding upon and inue to the benefit of Ganto and AEP and thei espective heis, successos, assigns, agents, licensees, and legal epesentatives. This instuent ay be executed siultaneously in two o oe countepats, each of which will be deeed an oiginal, but all of which taken togethe will constitute one and the sae instuent. The signatue pages fo each countepat ay be eoved and attached to one docuent fo puposes of ecoding this Suppleental Easeent and Right of ay in the eal popety ecods of Choctaw County, klahoa. Any eaining space on this page intentionally left blank. See next page fo signatues. 2

4 GRATR Choctaw ation of klahoa( Hughes Ranch) ts: State of klahoa Managing Mebe Byan County SS: Befoe e, in and fo this state, on 216 pesonally appeaed to e known to be the identical peson( s) who subscibed the nae of the ake theeof to the foegoing instuent as its Managing Mebe and acknowledged to e that he/ she executed the sae as his/he fee and voluntay act and deed, and as the fee and voluntay act and deed of the boad, fo the uses and puposes theein set foth. n itness heeof, have subscibed y nae and affixed y official seal. otay Public Coission expies: This instuent pepaed by Thoas G. St. Piee, Assistant Geneal Counsel- Real Estate, Aeican Electic Powe Sevice Copoation, Riveside Plaza, Colubus, H fo and on behalf of Public Sevice Copany of klahoa. hen ecoded etun to: Aeican Electic Powe - Tansission Right of ay, 212 E. 6th Steet, Tulsa, K

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7 Line ae: Hugo Tap Line o.: TL114: 516B Easeent o.: 53 Pacel( s): 42 THE UDERSGED: EASEMET PAYMET SCHEDULE GRATR: Choctaw ation of klahoa( Hughes Ranch) ADDRESS: P Box 121, Duant, K 7472 HEREBY FFER to accept aount as deteined in accodance with the schedule below in full payent of the Easeent and Right of ay fo an electic tansission, distibution and counication lines, being, in, on, ove, unde, though and acoss the land of the Undesigned unde an easeent dated 216 fo the Undesigned to the Copany, to wit: PAYMET SCHEDULE aseent Acquisition Cost Desciption: Easeent Paid aseent Consideation Paid aces+/- $ 1,. 1,. ection 31, klahoa Township 6S, Range 19E,.B.& M. Choctaw County, State of Daages Paid Sub- Totals Total Consideation includes nitial Consideation Paid 1,. The aounts so deteined ae full payent fo the Easeent and Right of ay. Any constuction daages will be paid sepaately unless noted above. Accepted on 216 Signed on 216 Coates Field Sevice, nc. Contact Agent fo Public Sevice Copany of klahoa Ranch) Field Agent: GRATR: Choctaw ation of klahoa( Hughes Sign Managing Mebe ae Pint Managing Mebe ae and Title Attach Requied - 9 Fo office Use nly: GL PCBU Poject BPD ok de Account Det CC Act P CDE 114 tfras 942 j